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UNIT 5. LAW IN PRACTICETEXT 1Vocabularynational law/ domestic law/ municipal law – внутреннее /внутригосударственное право enforcement of law – принудительное применение закона a binding agreement – соглашение, имеющее обязательную юридическую силу to enforce obligations – обеспечить исполнение обязательств to admit priority – признавать приоритет to constitute an integral part – являться неотъемлемой частью rules stipulated by the law – правила, предусмотренные законом incompatible with treaty provisions – несовместимый с положениями международного договора Прочитайте текст. Озаглавьте его. Сформулируйте основную мысль текста в одном- двух предложениях.The jurists of all countries admit that it is necessary to differentiate between international law and national law. The latter is also called domestic law or municipal law. Domestic law is the law which is applicable within the boundaries of one state. International law is the body of legal rules that regulate relations between sovereign states. It is a special system which is not a part of the national law of the state. There are some important differences between international law and domestic law. Domestic laws are passed by legislative bodies, most of which have popular political support. International laws, on the other hand, are created by agreements between governments of different states. As a result, they don’t have the support from individual citizens. Enforcement of international laws is also different. Many international agreements or treaties are not binding; even when nations agree to be bound, it is unclear how obligations are to be enforced. Sometimes, especially at the time of conflicts, the enforcement is provided by great powers. Countries differ greatly with regard to the importance attached to international obligations. Some states consider international obligations superior to their domestic laws, but in most cases international obligations are considered as a part of national law. The Russian Federation has admitted the priority of international law over national law especially when it comes to human rights and individual freedoms. The 1993 Constitution has confirmed the trend in Russian practice of giving a prominent place to international legal standards in the domestic legal setting. One of the principal aims of the Constitution is to clarify the status of international law in the Russian domestic system of law. The Constitution contains a special clause on the relationship between international law and the Russian domestic law. Article 15 provides that the generally recognised principles and norms of international law and the international treaties of the Russian Federation shall constitute an integral part of its system of law. It also states that if an international treaty of the Russian Federation establishes other rules than those stipulated by the law, the rules of the international treaty shall apply. Two principal features of this article must be pointed out. Firstly, it states that international law is part of the Russian domestic system of law. Secondly, it establishes a higher normative status for treaties than for domestic laws. Consequently, legal regulations within Russia do not apply if their application is incompatible with treaty provisions. The Constitution also includes Article 17 which provides that human rights in Russia are recognised and ensured according to the generally recognised principles and norms of international law. Thus every citizen of the Russian Federation in case of violation of their basic rights and freedoms has a right to apply to one of the international organizations, for example to the European Court of Human Rights. Ответьте на вопросы по тексту.Domestic law is another name for national law, isn’t it? What are the differences between domestic law and international law? How do countries consider international obligations? What is the attitude of the Russian Federation to international law? Which articles of the Constitution of the Russian Federation mention international law? What exactly do they say? 3. Определите, справедливы данные высказывания или нет. Исправьте неверные утверждения.National law is the body of legal rules that regulate relations between citizens of sovereign states. Domestic laws are passed by legislative bodies or created by agreements between governments. Most international agreements are not binding. Most states consider their domestic laws to be superior to international obligations. The Constitution of the Russian Federation contains a special clause on the relationship between international law and the Russian domestic law. If legal regulations within Russia contradict the provisions of international treaties the regulations of national law must be applied. Human rights in Russia are ensured according to the generally recognised principles and norms of international law. 4. Прочитайте и переведите примеры судебных дел. Как Вы думаете, нормы какой отрасли права (согласно российской системе права) будут применены в каждом случае?A driver has been stopped by the police for driving a car at the excess of speed limit. Citizen N. of the Russian Federation says that the new law violates his basic human rights and freedoms. The divorced father has a court order allowing him to see his son once a week, but the mother, who has remarried, doesn’t let him contact with the child. The employee was made redundant. The company didn’t pay him the money he had earned and refused to pay compensation. The relatives of the deceased person don’t agree with the will. They think it is invalid. A new housing estate has been built on a territory of the national park. The local authorities say that they haven’t given permission for the construction. A company promised to deliver new equipment by the end of April. It’s the end of May already, but the equipment hasn’t arrived yet. Your neigbours make an excessive noise every night. You can’t endure it any more. One hundred unlicensed copies of discs have been sold. During the fierce argument one man snatched a knife and stabbed it into the other man. Four hours later the injured man died in hospital. TEXT 2Навыки составления презентации являются неотъемлемой частью работы будущего юриста. Прочитайте и переведите текст. Работая в парах или небольших группах, составьте список рекомендаций для подготовки успешной презентации (Dos and Don’ts list).Making a Successful Presentation If you are a career-minded person, your future career is inseparable from learning the art of presentation. Presentation skills are the most important ones for showing you to the best advantage. To make your presentation effective you should concentrate on three major components: presenter-audience-presentation. Before you give a presentation, think of your image: how you will look and how you will behave in front of the audience. Remember, that people are more impressed with what they see than with what they hear. You will never have the second chance to make the first impression. Think of your audience and carefully assess it; their background, motives, interests. If you give the right thing to the right people you are likely to be successful in public speaking. Your primary goal is to impress the audience, to make them remember your talk. It goes without saying that your presentation must be prepared beforehand. First of all you have to decide on the structure of your presentation. Making a presentation you should realize that a written text is very different from a spoken word, in other words “essay” or “summary” are not the synonyms to “presentation”. Before you structure the presentation, single out the main points of your talk, it must be clear for you what you are going to speak about, what is the main purpose of your presentation. All effective presentations always consist of three major parts: introduction, the main part or the body ofthe presentation and conclusion. The presence of these parts in your presentation makes it logically structured and easy to follow. You should start the presentation with the greeting of the audience, then it’s necessary to introduce yourself and the subject of the talk. After that outline what you are going to talk about: describe the main sections of your presentation. It’s useful to remember that your plan mustn’t contain more than 3 points otherwise your audience may easily lose a track of your talk. It would be better if you set the rules in advance: state clearly if your listeners can interrupt you during the talk or you would prefer to answer their questions in the end. After the introduction you come to the main part. While delivering the presentation remember to follow the plan you have outlined in the introduction. Tell your audience when you are ready to come to the next point of your presentation. Clarify the most difficult points and try to explain, don’t forget that your audience hears this information for the first time. When you use visuals or give a demonstration, you need to tell the listeners what they are going to see. If you use slides make them easy to follow. Put the title at the top of the slide where your audience expects to find it. Include only important and interesting information. Keeping the number of slides to a minimum ensures that the presentation will not become too long. It also avoids the problem of continually changing slides during the presentation that can be a distraction to your audience. On average, one slide per minute is about right. Combining photos, charts and graphs with the text will add variety and keep your audience interested in the presentation. Avoid having only text on your slides. The fist key to a successful presentation is to speak in front of your audience. If you stick to your written script or for example speak to a board you’ll obviously lose your audience. On the contrary eye contact and smiling at proper time will help you to keep your listeners interested and motivated. It’s very important to let your audience know that you’ve finished your talk. The conclusion is the last but not the least part of any presentation. When you prepare your presentation think what you’ll say in the conclusion. There are some possible options: you may either summarize the most important points of your presentation or outline your personal opinion on the problem. Thank the audience for attention and invite questions and opinions from them. But you must always bear in mind the time limit which is usually no more than ten or fifteen minutes. However, if you structure your presentation effectively, you would not believe how much you can say in these ten minutes. Прочитайте презентацию на английском языке. Выделите три основные части. Прокомментируйте структуру данной презентации.Presentation Good morning, and thanks for coming along. It’s great that so many of you have managed to make it this morning. I know that winter examination period is coming and time is precious for you. With that in mind, I’ll try to keep my talk brief. Let me just start by introducing myself. I’m Vanessa Brown and I’m going to speak about the Graduate Recruitment Programme. The programme I’m sure will be of particular interest to you as fourth-year students. It’s right now that you have to start planning the life after the university, no matter how far ahead it may seem at the moment. I remember sitting in this very lecture hall and listening to a talk similar to one I’m going to give. I applied for a place on the Recruitment Programme shortly afterwards and was made a partner last summer. Perhaps this law firm is more demanding than others, but I know from my own experience that the rewards are worth it. So, there are three main points I’d like to cover today. First, I’ll give you a little information about our law firm, Somerville LLP. Then I’ll go on to outline what we have to offer to new employees. And finally, I’ll tell you what we expect from our potential recruits. There will be a few minutes for questions at the end of my talk, but do feel free to interrupt me at any time. Well, let me start with the first point. Who is Somerville LLP? We are an independent commercial practice that provides the highest quality legal service to our clients. To accomplish this goal we are to recruit and retain the associates who are able to help us meet these demands. But I’d like to say that a new associate lawyer has an opportunity compatible with his or her own interests in the sphere of legal practice. This brings me to my next point: what benefits can successful applicants expect? First, our law firm will pay you full course fees for both the Graduate Diploma in Law and the Legal Practice Course. This leads directly to what I’m sure is an important question for you: what can you expect to earn. We offer competitive starting salaries for new associates. Associates also receive a year-end bonus which depends on the firm’s profitability. In addition to the salary and bonus we also provide medical insurance. Now let’s move on to what we expect in return. As I mentioned at the beginning of my talk, we are committed to providing the highest quality service to our clients. As you understand we can provide it only by hiring lawyers with the same level of commitment. You may have to work long hours and you may not have all your weekends free and the work is really demanding. However for the graduate student ready to take this challenge the rewards are great indeed. In conclusion, I’d like to say that Somerville LLP is growing, independent, commercial practice. Our Graduate Recruitment Programme includes excellent benefits for students prepared to commit themselves fully. And we offer you the opportunity to work in those areas of law that interest you most. Ok, that’s all I wanted to say today. I’d be very happy to answer any questions you have. Ответьте на вопросы.Is the style of the presentation formal or informal? Why do you think so? Prove your point of view. How does the speaker maintain the contact with the audience? Заполните таблицу предложениями из презентации так, как это показано в примере.
Прочитайте и переведите фразы, которые наиболее часто используются в презентациях. Дополните этими фразами таблицу из упражнения 8. As you probably know, my name is … Before I finish, let me go through the main points once again. First of all let me thank you for being here today. You know I was reading a newspaper the other day when I came across a very interesting fact. Now, I’ll be happy to answer any questions you may have. As you can see on the screen, our topic today is … I’ve mentioned the basic facts about the system of law and now it’s time to turn to the sources which as you may remember is the next point of my presentation. As you know, I’ve been asked to tell you about … I appreciate you’ve found the time to come here. So, let me start by asking you a question. Are there any more questions? Thank you for your attention and you are welcome to ask questions. I’ll answer all your questions at the end of my presentation. If you look at the next slide you’ll see … Well, this brings me to the end of my presentation. That’s all about the sources and now let’s have a look at the next slide which presents … This leads me to my next point … So, to sum everything up, I’d like to remind you that … Please, feel free to interrupt me with your questions. It gives me a great pleasure to speak about this problem today. 10. Самостоятельная работа. Выберите одну из наиболее интересных для вас отраслей российского права и подготовьте презентацию. Ниже приводится примерный план презентации.Plan The sphere of application The main sources The most interesting facts or examples of interesting cases. |